Battery Turns into Battery with a Deadly Weapon When Someone Picks Up Any Object That is Capable of Inflicting Death or Substantial Bodily Harm
The state of Nevada says that assault turns to battery when a person uses actual force or violence on another person without their consent. The line where battery turns into battery with a deadly weapon is when the harm to the victim is caused by an object capable of causing death or substantial bodily harm. However, the amount of time a person serves for a conviction and the fines they may depend on how much physical harm was done and to whom.
What is Battery in Nevada?
NRS 200.481 defines battery as the willful and unlawful use of force or violence upon another person. Common examples, of battery are:
- Throwing an object
Different battery situations have different sentences associated with them. If the victim did not sustain bodily harm, or they were not strangled, the battery is prosecuted as a misdemeanor. If convicted, a person could serve up to six months in jail and/or pay up to $1,000 in fines.
If substantial bodily harm, or strangulation, did occur then the battery is prosecuted as a Category C felony. If convicted, a person could spend one to 5 years in prison and pay up to $10,000 in fines.
If the victim was an officer, health care provider, school employee, taxi driver, transit operator, or sports official, and there was no bodily harm and no strangulation, the charge is a gross misdemeanor and carries a sentence up to one year in jail and up to $2,000 in fines. If bodily harm or strangulation did occur, the battery is prosecuted as a Category B felony. If convicted, this charge of a Category B felony carries a sentence of two to 10 years in jail and fines up to $10,000.
What is Battery with a Deadly Weapons?
The state of Nevada defines battery with a deadly weapon as an act of force or violence where the instrument used could cause substantial bodily harm or death if used in the item’s ordinary manner. According to NRS 193.165, any weapon, device, instrument, or material that could cause bodily harm or death can be considered a deadly weapon. If someone commits a battery with such an instrument, they will be charged with battery with a deadly weapon.
If a deadly weapon was used and no bodily harm occurred, then the battery is prosecuted as a Category B felony. This charge carries a sentence of two to ten years in prison and fines up to $10,000. If substantial bodily did occur, and someone is convicted, then this Category B felony carries two to fifteen years in prison and a fine up to $10,000.
What are Examples of a Deadly Weapon in Nevada?
The state of Nevada considers the following instruments to be deadly weapons:
- Pistol, revolver, or another firearm
- Explosive or incendiary device
- Spring gun
- Paint gun
- Dagger, knife, or switchblade knife
- Nun chuck or trefoil
- Blackjack, billy club, or metal knuckles
- Rock or brick
Jesse Kalter Can Defend Your Freedom Against Battery with a Deadly Weapon Charges
There are several defenses that can be presented against battery charges. The incident could have been an accident. The defendant could have been defending themselves, or they were falsely accused. Each of these has the possibility of defeating a battery charge. To get the best possible outcome, these kinds of charges need to be defended by an experienced assault and battery lawyer. Jesse Kalter has spent over 15 years defending Northern Nevadans from charges like these. His pursuit of justice has earned his clients countless “not-guilty” verdicts and has had other cases completely dismissed. He is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.
Charged with Battery with a Deadly Weapon?
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
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